Southern Illinois judge grants new trial in 2015 killing

Sep. 13, 2017

BELLEVILLE, Ill. (AP) — A southern Illinois judge has granted a new trial to a man convicted of killing a man who spilled beer on him at a convenience store in 2015.

The Belleville News-Democrat reports that Judge Randall Kelley granted the new trial on Tuesday to 35-year-old Lamarc R. Garrett of St. Louis. Garrett was found guilty Aug. 2 of first-degree murder in connection with the killing of Oscar C. Carbajal of St. Louis at a Sauget (SAW'-zhay) store.

The judge ruled Garrett should have a new trial because jurors were shown a piece of evidence they weren't supposed to see. Prosecutors didn't argue against a defense motion seeking the new trial.

Police say Garrett shot Carbajal after Carbajal accidentally spilled beer on Garrett's shoes after a verbal altercation. The shooting was captured on video.